Most Bibizainab v. Most Idris

Patna High Court FA No.354 of 1978 (33) dt.30-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.354 of 1978 ====================================================== Most Bibi Zainab .... .... Appellant/s

Versus

Md. Idris .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Naseem Ahmad Mr. H. Anzar Mr. N.A.Shamsi Mr. Kamesh Prasad Gupta Mr. Vishwanath Sahay For the Respondent/s : Mr. Bhupendra Narayan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-06-2015 Perused the office note dated 29.06.2015.

It appears that on 19.06.2001, the learned counsel who was appearing on behalf of the sole respondent submitted that the sole respondent had died. Since nobody was appearing on behalf of the appellant, notices were issued to the appellant directly but nobody is appearing on behalf of the appellant also. Now, in view of the above fact, the appeal has abated against the sole respondent according to the provision as contained in Order 22 Rule 4(3) C.P.C.

In view of the above, this appeal has become now incompetent to proceed. Accordingly, this First Appeal is dismissed as abated.

(Mungeshwar Sahoo, J) Saurabh/- U T